features of traditional african system of government

In some societies, traditional, tribal authorities may offer informed and genuinely accepted governance, provided that they are not merely government appointees pursuing decentralized self-enrichment. First, many of the conflicts enumerated take place within a limited number of conflict-affected countries and in clearly-defined geographic zones (the Sahel and Nigeria; Central Africa; and the Horn.) The leader is accountable to various levels of elders, who serve as legislators and as judges (Legesse, 1973; Taa, 2017). The scope of the article is limited to an attempt to explain how the endurance of African traditional institutions is related to the continents economic systems and to shed light on the implications of fragmented institutional systems. The size and intensity of adherence to the traditional economic and institutional systems, however, vary from country to country. They are less concerned with doctrines and much more so with rituals . They are well known, among others, for their advancement of an indigenous democratic process known as Gadaa. Department of Political Science, Pennsylvania State University, United Nations Economic Commission for Africa, Contentious Politics and Political Violence, Political Values, Beliefs, and Ideologies, Why African Traditional Institutions Endure, Authority Systems of Africas Traditional Institutions, Relevance and Paradox of Traditional Institutions, https://doi.org/10.1093/acrefore/9780190228637.013.1347, United Nations Office of the Special Adviser on Africa, Global Actors: Networks, Elites, and Institutions, Traditional Leaders and Development in Africa. The Oxford Poverty and Human Development Initiative (Alkire, Chatterjee, Conconi, Seth, & Vaz, 2014) estimates that the share of rural poverty to total poverty in sub-Saharan Africa is about 73.8%. This brief overview of conflict in Africa signals the severity of the security challenges to African governance, especially in those sub-regions that feature persistent and recurrent outbreaks of violence. With the exceptions of a few works, such as Legesse (1973), the institutions of the decentralized political systems, which are often elder-based with group leadership, have received little attention, even though these systems are widespread and have the institutions of judicial systems and mechanisms of conflict resolution and allocation of resources, like the institutions of the centralized systems. This section grapples with the questions of whether traditional institutions are relevant in the governance of contemporary Africa and what implications their endurance has on Africas socioeconomic development. A related reason for their relevance is that traditional institutions, unlike the state, provide rural communities the platform to participate directly in their own governance. Some African leaders such as Ghanas Jerry Rawlings, Zambias Kenneth Kaunda, or Mozambiques Joachim Chissano accept and respect term limits and stand down. In many cases, the invented chieftaincies were unsuccessful in displacing the consensus-based governance structures (Gartrell, 1983; Uwazie, 1994). Chieftaincy is further plagued with its own internal problems, including issues of relevance, succession, patriarchy, jurisdiction, corruption and intra-tribal conflict. The balance of power between official and non-official actors will likely shift, as networked activists assert their ability to organize and take to the streets on behalf of diverse causes. In this view, nations fail because of extractive economic and political institutions that do not provide incentives for growth and stability. At the same time, traditional institutions represent institutional fragmentation, which has detrimental effects on Africas governance and economic transformation. The Chinese understand the basics. The post-colonial State, on the other hand . Admittedly, the problem is by no means uniquely African, but it is very commonly experienced in Africa. The traditional Africa system of government is open and inclusive, where strangers, foreigners and even slaves could participate in the decision-making process. African conflict trends point to a complex picture, made more so by the differing methodologies used by different research groups. Regardless, fragmentation of institutional systems poses a number of serious challenges to Africas governance and economic development. Unfortunately, little attention by African governments has been given to this paradoxical aspect of traditional institutions. Unlike the laws of the state, traditional institutions rarely have the coercive powers to enforce their customary laws. The term covers the expressed commands of This discussion leads to an analysis of African conflict trends to help identify the most conflict-burdened sub-regions and to highlight the intimate link between governance and conflict patterns. A second conflict pattern can develop along the lines of ethnic cleavages which can be readily politicized and then militarized into outright ethnic violence. Subsequent to the colonial experience, traditional institutions may be considered to be informal institutions in the sense that they are often not sanctioned by the state. The institution of traditional leadership in Africa pre-existed both the colonial and apartheid systems and was the only known system of governance among indigenous people. Note: The term rural population is used as a proxy for the population operating under traditional economic systems. The modern African state system has been gradually Africanized, albeit on more or less the identical territorial basis it began with at the time of decolonization in the second half of the 20 th century. Rule that is based on predation and political monopoly is unlikely to enjoy genuine popular legitimacy, but it can linger for decades unless there are effective countervailing institutions and power centers. Government as a Structural Element of Society 2.2. While comprehensive empirical studies on the magnitude of adherence to traditional institutions are lacking, some studies point out that most people in rural areas prefer the judicial service provided by traditional institutions to those of the state, for a variety of reasons (Logan, 2011; Mengisteab & Hagg, 2017). (No award was made in 50% of the years since the program was launched in 2007; former Liberian president Ellen John Sirleaf won the award in 2017. These partners, for their part, sometimes disengaged from close political ties and often brought new governance conditions into their assistance programs. Political leaders everywhere face competing demands in this regard. African states, along with Asian, Middle Eastern, and even European governments, have all been affected. The African state system has gradually developed a stronger indigenous quality only in the last twenty-five years or so. Even so, customary law still exerts a strong . These features include nonprofits, non-profits and hybrid entities are now provide goods and services that were once delivered by the government. Introduction. The abolishment of chieftaincy does not eradicate the systems broader underlying features, such as customary law, decision-making systems, and conflict resolution practices. 17-19 1.6. Ndlela (2007: 34) confirms that traditional leaders continue to enjoy their role and recognition in the new dispensation, just like in other African states; and Good (2002: 3) argues that the system of traditional leadership in Botswana exists parallel to the democratic system of government and the challenge is of forging unity. Still another form of legitimacy in Africa sometimes derives from traditional political systems based on some form of kingship. However, their participation in the electoral process has not enabled them to influence policy, protect their customary land rights, and secure access to public services that would help them overcome their deprivation. Africa contains more sovereign nations than any other continent, with 54 countries compared to Asia's 47. To sum up, traditional institutions provide vital governance services to communities that operate under traditional socioeconomic spaces. A third, less often recognized base of legitimacy can be called conventional African diplomatic legitimacy wherein a governmenthowever imperfectly establishedis no more imperfect than the standard established by its regional neighbors. Different property rights laws are a notable source of conflict in many African countries. Africas states are the worlds newest, and it can hardly be surprising that Africans define themselves in terms of multiple identities including regional, tribal, clan-based, and religious onesin addition to being citizens of a relatively new state. However, the traditional modes of production and the institutional systems associated with them also remain entrenched among large segments of the population. However, the system of traditional government varied from place to place. The population in the traditional system thus faces a vicious cycle of deprivation. This concept paper focuses on the traditional system of governance in Africa including their consensual decision-making models, as part of a broader effort to better define and advocate their role in achieving good governance. This brief essay began by identifying the state-society gap as the central challenge for African governance. Womens access to property rights is also limited, as they are often denied the right of access to inheritance as well as equal division of property in cases of divorce. With the dawn of colonialism in Africa, the traditional African government was sys-tematically weakened, and the strong and influential bond between traditional lead- . Using a second conflict lens, the number of non-state conflicts has increased dramatically in recent years, peaking in 2017 with 50 non-state conflicts, compared to 24 in 2011. Another basic question is, whom to include? Broadly speaking, indigenous systems of governance are those that were practiced by local populations in pre-colonial times. Among the key challenges associated with institutional fragmentation are the following: Policy incoherence: Fragmented economies and institutions represent dichotomous socioeconomic spaces, which makes it highly challenging for policy to address equitably the interests of the populations in these separate socioeconomic spaces. Examine the definitions, strengths, and weaknesses of several common governments: monarchy, theocracy . Legitimate authority, in turn, is based on accepted laws and norms rather than the arbitrary, unconstrained power of the rulers. It considers the nature of the state in sub-Saharan Africa and why its state structures are generally weaker than elsewhere in the world. It is unlikely, however, that such harmony can be brought about by measures that aim to abolish the traditional system, as was attempted by some countries in the aftermath of decolonization. Traditional institutions have continued to metamorphose under the postcolonial state, as Africas socioeconomic systems continue to evolve. These different economic systems have corresponding institutional systems with divergent property rights laws and resource allocation mechanisms, disparate decision-making systems, and distinct judicial systems and conflict resolution mechanisms. Fitzpatrick 'Traditionalism and Traditional Law' Journal of African Law, Vol. Legitimate authority, in turn, is based on accepted laws and norms rather than the arbitrary, unconstrained power of the rulers. A third pattern flows from the authoritarian reflex where big men operate arbitrary political machines, often behind a thin democratic veneer. They succeed when there are political conditions that permit a broad coalition to impose pluralist political institutions and limits and restraints on ruling elites.20 Thus, resilience of both state and society may hinge in the end on the rule of law replacing the rule of men. Institutions represent an enduring collection of formal laws and informal rules, customs, codes of conduct, and organized practices that shape human behavior and interaction. In general, decentralized political systems, which are often elder-based with group leadership, have received little attention, even though these systems are widespread and have the institutions of judicial systems and mechanisms of conflict resolution and allocation of resources, like the institutions of the centralized systems. The Ibo village assembly in eastern Nigeria, the Eritrean village Baito (assembly), the council of elders (kiama) of the Kikuyu in Kenya, and the kaya elders of the Mijikenda in the coast of Kenya are among well-known examples where decisions are largely made in a consensual manner of one kind or another (Andemariam, 2017; Mengisteab, 2003). In this context the chapter further touches on the compatibility of the institution of chieftaincy with constitutional principles such as equality, accountability, natural justice, good governance, and respect for fundamental human rights. Land privatization is, thus, unworkable in pastoral communities, as communal land ownership would be unworkable in a capitalist economy. Stagnant economy, absence of diversification in occupational patterns and allegiance to traditionall these have a bearing on the system of education prevailing in these societies. In the postcolonial era, their roles changed again. This page was processed by aws-apollo-l2 in. Other governance systems in the post-independence era and their unique features, if any. The point here is that peer pressure, examples, and precedents are especially important in a region of 54 states, many of them dependent on satisfactory relations with their neighbors. With the introduction of the Black Administration Act the African system of governance and administration was changed and the white government took control of the African population. Judicial marginalization: Another challenge posed by institutional fragmentation relates to marginalization of the traditional system within the formal legal system. Democratic and dictatorial regimes both vest their authority in one person or a few individuals. Only four states in AfricaBotswana, Gambia, Mauritius, and Senegalretained multiparty systems. The formal institutions of checks and balances and accountability of leaders to the population are rather weak in this system. Legal norms are an integral part of the discussion about inclusivity since they affect every aspect of economic and personal life; this poses a critical question over whether individual rights or group rights take precedence in the normative hierarchy. Yet, governments are expected to govern and make decisions after consulting relevant stakeholders. In some cases, community elders select future Sultanes at a young age and groom them for the position. South Africas strategy revolves around recognition of customary law when it does not conflict with the constitution and involves traditional authorities in local governance. As noted, African countries have experienced the rise of the modern (capitalist) economic system along with its corresponding institutional systems. Subsequent to the colonial experience, traditional institutions may be considered to be informal institutions in the sense that they are often not sanctioned by the state. As noted, there are notable differences in the authority systems of African traditional institutions. For Acemoglu and Robinson, such turning points occur in specific, unique historical circumstances that arise in a societys development. The same source concluded that 7 out of the 12 worst scores for political rights and civil liberties are African.11 As noted, the reasons vary: patrimonialism gone wrong (the big man problem), extreme state fragility and endemic conflict risks, the perverse mobilization of ethnicity by weak or threatened leaders. The first type is rights-based legitimacy deriving from rule of law, periodic elections, and alternation of political power, the kind generally supported by western and some African governments such as Ghana and Senegal. The US system has survived four years of a norm-busting president by the skin of its teeth - which areas need most urgent attention? Typically, such leaders scheme to rig elections or to change constitutional term limitsactions seen in recent years in such countries as Rwanda and Uganda. Space opened up for African citizens and civil society movements, while incumbent regimes were no longer able to rely on assured support from erstwhile external partners. A look at the economic systems of the adherents of the two institutional systems also gives a good indication of the relations between economic and institutional systems. Stated another way, if the abolition of term limits, neo-patrimonialism, and official kleptocracy become a regionally accepted norm, this will make it harder for the better governed states to resist the authoritarian trend. The differences are in terms of how leaders come to assume their positions, how much power they command, and how accountable they are to their communities. Another measure is recognition of customary law and traditional judicial systems by the state. The colonial system constitutes the second section. With its eminent scholars and world-renowned library and archives, the Hoover Institution seeks to improve the human condition by advancing ideas that promote economic opportunity and prosperity, while securing and safeguarding peace for America and all mankind. However, they do not have custodianship of land and they generally do not dispense justice on their own. Indications are, however, that the more centralized the system is, the lower the accountability and popular participation in decision making. The usual plethora of bour- At times, these traditional security system elements are sufficient enough for some uses, but there's certainly no denying . As Legesse (1973, 2000) notes, the fundamental principles that guide the consensus-based (decentralized) authority systems include curbing the concentration of power in an institution or a person and averting the emergence of a rigid hierarchy. African Politics: A Very Short Introduction explores how politics is practised on the African continent, providing an overview of the different states and their systems. However, institutions are rarely static and they undergo changes induced by internal transformations of broader socioeconomic systems or by external influences or imposition, and in some cases by a combination of the two forces. It seems clear that Africas conflict burden declined steadily after the mid-1990s through the mid-2000s owing to successful peace processes outstripping the outbreak of new conflicts; but the burden has been spiking up again since then. The government is undertaking a review of local government, which includes a commitment to introduce direct election of metropolitan, municipal and district chief executives (MMDCEs). The roles assigned to them by the colonial state came to an end, and the new state imposed its own modifications of their roles. Oftentimes, however, they contradict each other, creating problems associated with institutional incoherence. This is in part because the role of traditional leaders has changed over time. A Functional Approach to define Government 2. Hoover scholars offer analysis of current policy challenges and provide solutions on how America can advance freedom, peace, and prosperity. A third layer lies between the other two layers and is referred to in this article as traditional institutions. The challenge facing Africas leadersperhaps above all othersis how to govern under conditions of ethnic diversity. Key Takeaways. An alternative strategy of bringing about institutional harmony would be to transform the traditional economic systems into an exchange-based economy that would be compatible with the formal institutions of the state. THE FUTURE OF AFRICAN CUSTOMARY LAW, Fenrich, Galizzi, Higgins, eds., Cambridge University Press, 2011, Available at SSRN: If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday. The earliest known recorded history arose in Ancient Egypt . Tribe Versus Ethnic Group. Some African nations are prosperous while others struggle. Large segments of the rural populations, the overwhelming majority in most African countries, continue to adhere principally to traditional institutions. They also serve as guardians and symbols of cultural values and practices. While this seems obvious, it is less clear what vectors and drivers will have the most weight in shaping that outcome. More frequently, this form of rule operates at the sub-state level as in the case of the emir of Kano or the Sultan of Sokoto in Nigeria or the former royal establishments of the Baganda (Uganda) or the Ashanti (Ghana). These consisted of monarchy, aristocracy and polity. Among the attributes of the traditional system with such potential is the systems transparent and participatory process of resolving conflicts, which takes place in open public meetings. The laws and legal systems of Africa have developed from three distinct legal traditions: traditional or customary African law, Islamic law, and the legal systems of Western Europe. At times, devolution has had major fiscal and governance consequences, including serving as a vehicle for co-option and corruption. 1.4. One is that the leaders of the postcolonial state saw traditional institutions and their leadership as archaic vestiges of the past that no longer had a place in Africas modern system of governance. Some live in remote areas beyond the reach of some of the institutions of the state, such as courts. Beyond the traditional sector, traditional institutions also have important attributes that can benefit formal institutions. Although considerable differences exist among the various systems, opportunities for women to participate in decision making in most traditional systems are generally limited. Throughout our over one-hundred-year history, our work has directly led to policies that have produced greater freedom, democracy, and opportunity in the United States and the world. Despite such changes, these institutions are referred to as traditional not because they continue to exist in an unadulterated form as they did in Africas precolonial past but because they are largely born of the precolonial political systems and are adhered to principally, although not exclusively, by the population in the traditional (subsistent) sectors of the economy.

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